[od-discuss] Comparison of UK-OGL v2.0 to OGL-Canada v2.0

Herb Lainchbury herb at dynamic-solutions.com
Mon Jun 24 17:47:06 UTC 2013 

Here is the wdiff of the UK-GL v2.0 and the OGL-Canada v2.0.  Though they
clearly share some text there are many differences so my recommendation is
that these be treated as different licenses.

Herb

-----------

[+Open Government Licence - Canada+]
You are encouraged to use [-and re-use-] the Information that is
available under this licence [-freely and flexibly,-] with only a few
conditions.

Using Information under this licence
Use of [-copyright and database right material expressly made
available under this licence (the Information-] [+any Information+]
indicates your acceptance of the terms [-and conditions-] below.
The [-Licensor-] [+Information Provider+] grants you a worldwide,
royalty-free, perpetual, non-exclusive licence to use the
[-Information-] [+Information, including for commercial purposes,+]
subject to the [-conditions-] [+terms+] below.
[-This licence does not affect your freedom under fair dealing or fair
use or any other copyright or database right exceptions and
limitations.-]
You are free to:
[-copy,-][+Copy, modify,+] publish, [+translate, adapt,+] distribute
[-and transmit the Information;


adapt the Information;

exploit-] [+or otherwise use+] the Information [-commercially, for
example, by combining it with other Information, or by including it-]
in [-your own product-] [+any medium, mode+] or [-application.-]
[+format for any lawful purpose.+]
You [-must (where-] [+must, where+] you do any of the [-above):


acknowledge-] [+above:
Acknowledge+] the source of the Information by including any
attribution statement specified by the Information Provider(s) and,
where possible, provide a link to this [-licence;-] [+licence.+]
If the Information Provider does not provide a specific attribution
statement, or if you are using Information from several [-Information
Providers-] [+information providers+] and multiple attributions are
not practical [-in-] [+for+] your product or application, you [-may-]
[+must+] use the [-following:-] [+following attribution statement:+]
Contains [-public sector-] information licensed under the Open
Government Licence [-v2.0.

These are important conditions-] [+- Canada.

The terms+] of this licence [+are important,+] and if you fail to
comply with [-them-] [+any of them,+] the rights granted to you under
this licence, or any similar licence granted by the [-Licensor,-]
[+Information Provider,+] will end automatically.

Exemptions
This licence does not [-cover:

personal data in the-] [+grant you any right to use:

Personal+] Information;[-Information that has neither been published
nor disclosed under information access legislation (including-][+third
party rights+] the [-Freedom of-] Information [-Acts for-] [+Provider
is not authorized to license;+]
the [-UK and Scotland) by-] [+names, crests, logos,+] or [-with the
consent-] [+other official symbols+] of the Information
Provider;[-departmental or public sector organisation logos, crests-]
and [-the Royal Arms except where they form an integral part of a
document or dataset;
military insignia;
third party rights the-]
Information [-Provider is not authorised-] [+subject+] to [-license;-]
other intellectual property rights, including patents, [-trade marks,
and design rights;-] [+trade-marks+] and[-identity documents such as
the British Passport.-] [+official marks.+]
Non-endorsement
This licence does not grant you any right to use the Information in a
way that suggests any official status or that the Information Provider
endorses you or your use of the Information.

No [-warranty-] [+Warranty+]
The Information is licensed [-‘as is’-] [+“as is”,+] and the
Information Provider excludes all representations, warranties,
[-obligations-] [+obligations,+] and [-liabilities in relation to the
Information-] [+liabilities, whether express or implied,+] to the
maximum extent permitted by law.

The Information Provider is not liable for any errors or omissions in
the [-Information-] [+Information,+] and [-shall-] [+will+] not
[+under any circumstances+] be liable for any [+direct, indirect,
special, incidental, consequential, or other+] loss, injury or damage
[-of any kind-] caused by its [-use. The Information Provider does not
guarantee-] [+use or otherwise arising in connection with this licence
or+] the [-continued supply-] [+Information, even if specifically
advised+] of the [-Information.-] [+possibility of such loss, injury
or damage.+]

Governing Law
This licence is governed by the laws of the [-jurisdiction-]
[+province of Ontario and the applicable laws of Canada.

Legal proceedings related to this licence may only be brought+] in
[-which-] the [-Information Provider has its principal place-]
[+courts+] of [-business, unless otherwise specified by-] [+Ontario
or+] the [-Information Provider.-] [+Federal Court of Canada.+]

Definitions
In this licence, the terms below have the following meanings:
[-‘Information’-]
[+"Information"+]
means information [+resources+] protected by copyright or [-by
database right (for example, literary and artistic works, content,
data and source code)-] [+other information that is+] offered for use
under the terms of this licence. [-‘Information Provider’ means
the person or organisation providing the Information under this
licence.

‘Licensor’-]
[+"Information Provider"+]
means [-any Information Provider which has the authority to offer
Information under the terms of this licence or the Controller of-] Her
[-Majesty’s Stationery Office, who has-] [+Majesty+] the [-authority
to offer Information subject to Crown copyright and Crown database
rights and Information subject to copyright and database-] [+Queen
in+] right [-that has been assigned to or acquired by the Crown, under
the terms-] of [-this licence.
‘Use’-] [+Canada.

“Personal Information”+]
means [-doing any act which is restricted by copyright or database
right, whether in the original medium or in any other medium, and
includes without limitation distributing, copying, adapting,
modifying-] [+“personal information”+] as [-may be technically
necessary to use it-] [+defined+] in [-a different mode or format.
‘You’-] [+section 3 of the Privacy Act, R.S.C. 1985, c. P-21.

"You"+]
means the natural or legal person, or body of persons corporate or
incorporate, acquiring rights under this licence.
[-About-]
[+Versioning
This is version 2.0 of+] the Open Government Licence [+– Canada.+]
The [-Controller of Her Majesty’s Stationery Office (HMSO) has
developed this licence as a tool to enable Information Providers in
the public sector to license the use and re-use of their Information
under a common open licence. The Controller invites public sector
bodies owning their own copyright and database rights to permit the
use of their Information under this licence.

The Controller of HMSO has authority to license-] Information
[-subject to copyright and database right owned by the Crown. The
extent of the Controller’s offer-] [+Provider may make changes+] to
[-license this Information under-] the terms of this licence [-is set
out on The National Archives website [link].

This is version 2.0 of the Open Government Licence. The Controller of
HMSO may,-] from time to [-time,-] [+time and+] issue [-new versions
of the Open Government Licence.  If you are already using Information
under-] a [-previous-] [+new+] version of the [-Open Government
Licence, the terms of that licence will continue to apply.


These terms are compatible with the Creative Commons Attribution
License 4.0 and the Open Data Commons Attribution License, both-]
[+licence. Your use+] of [-which license copyright and database
rights.  This means that when-] the Information [-is adapted and
licensed under either-] [+will be governed by the terms+] of [-those
licences, you automatically satisfy-] the [-conditions-] [+licence in
force as+] of the [-OGL when-] [+date+] you [-comply with the other
licence.

Further context, best practice and guidance can be found in-]
[+accessed+] the [-UK Government Licensing Framework section on The
National Archives website [link].-] [+information.+]
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